The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-11-22

rantNote impression that thiS was spoclno
English loan.
The Acts specify L. :. gold. or its cg8iru-
ieRt. This must be considered as permitting
a mode of lssHmsgt, and not a variation of
the terms OF the bonds. Thus the coupons
or bonds may be paid in such amounts, in
Sovereigus or L. :, silver, as would be oquiva-
lent or equal 10 the amount expressed IN T..
). gold.
Question els the Government respon-
sihle for the engagement of its agent to pay
ElS,0o0, as mentioned in the Minister'S re-
port. provided such engagement was not
authorized by the Loan Acts of 1856 p
We adopt rs our answer the language of
Judge Storey in the work on Agency, Section
SQ5 "a.
But, in cases of public agents, the Gov
eminent, or other public authority, is not
bound, unless it manifestly appears that the
agent Is acting within the scope of his autho-
rity, or he is held out as having authority to
do the Act, or is employed. in his capacity as
4 public agent, 20 make the declaration or
representation for the government. Indeed,
tnfs rule seems Indispensable, in order 10
guard the public against losses and injuries
arising from the fraud or mistake or rash
ness and indiseretion Of their agents. Aud
there is no hardship in requiring from pfi-
yate persons, dealing with public officers,
the duty OF inquiry, as 10 their real or APP
eminent"
This principle is applicable to not merely
the financial agents of the Government but
the Ministers who gave them their instruc-
hons.
As the engagement to pay the $4,000 in
addition to the five per cent. commission
was unauthorized by the Act of the LegiSia.
ture. the country is not bound by it.
Question /. If the Court shall say that
the Loan Acts of 1886 do not authorize the
engagement to pay $4,000 in addition to the
hys per cent. as commissions earned therein.
would the Government then be justified in
refusing to Issue bonds 10 cover the $4,000
if II shall also appear that the Government
has contracted for tue payment Of such
$1,000 IN addition to the commission and
has actually received the remainder of the
money!
This is not matter OF law, but matter
OF policy for the Government and the IegiS-
laturs to consider aud settle. If by "iHStifsi''
Is meant legally bound. we are not Suffi-
GENTLY Informed as TO the facts of the case.
Much would depend upon what acts of rati-
hcation, If any, the Government has done,
and also upou the form Of the scrip iSsued
to the general subscribers for the bends and
by whom issued, and also who are the holders
of the scrip.
Question s. rs the form of the bond here
with submitted authorized by the Loan Act
of 1886 with It's proposed amendment?n
The proposed amendment of the Acts OF
1886 Is 20 authorize the Minister of Finance
10 Issue bonds expressed in London, Eng
land. III sterling money. But the form of
bonds exhibited 10 Us, as being what would
oe executed fOr the English subscribers, con-
6 AIMS much which does not conform 20 orr
statutes. besides the variation of pounds for
dollars
Nine conditions are expressed pursuant TO
,sre unauthorized and some IN c0nirayentiOu
Ok the terms Of the Aet-as will appear by
comparing them with the Act.
We specify the conditions 1 and , and
that the bonds 10 be redeemed after ten wears
shall De determined by drawings by lot at .
certGln couotIDg house II London and aGver
tIssd N London EsEspa pers-
Inc Act only provides that the bonds shall
be redesTGsbls II not less than ten nor more
than thirty years after the date OF issue.
Inc Government may choose 70 redeem
The whole of them IN whatever part Of the
world held, IT the expiration of ten years.
Conditions : and 5 seem entirely unneces-
sary 70 be expressed in the bonds, and are
not suggested by the statute. Condition
respecting freedom from taxes Is plainly
II the Act.
Other conditions than the act itself need
not Il and should net De attached TO the
bonds.
If the Legislature shall deem it expedient
TO pass an enabling Aet. it would avoid mis-
If the form Of the bond
Authorised TO b issued should be set forth
at large IL tie act.
Respectfully submitted.
A. Z. JUDD,
L. MCCULT,
EDwARD PRESTON,
RICHARD z. BIczEEroS.
Nh, r,.,,,e.,- no., ,-re,---J - +I,o TO-,
mittee on Bonds.
Noble Castle asked if the statistics
asked for q few days ago about the i'm
pOrtation Of liquor free OF duty be-
tween 1855 and 1SS7, were fOrthcOm-
ing.
Minister Brown said the return asked
.Or was now ready, but the Minister Of
Finance was absent yesterday and to-
lay, on account OF illness. The Minis
ter, however. found the bill, and laid
It on the table OF the House.
The return was referred to the select
on opium and liquor Ii
lenses.
ORDER OF THE DAY.
Second reading OF the bill appropri-
Iting money for expenses of the extra
session Of the Legislature,
1857.
The amount called for in the bill is
$4,000.
Passed 10 engrossment, to be read a
.hird time on Saturday.
Second reading of the Act supple (
mental to the Appropriation Act Of
1856.
The bill was read a second time by 1
title.
This bill appeared in full IN Monday
GAZETTE
House went into Committee of the i
Whole, Noble Dole in the chair.
The item Of slighting the city Of .
Honolulu with electric Light evoked I
j discussion Of the electric light ar
engagements
The Minister Of Interior said there I
vas some $1,000 TO the credit Of last /
-ears, appropriation and that the sum /
.sked for, in the bill, $3.50, would be 4
IeeSied 10 carry out contracts and ar I
already made.
Arrangements had been made for i
irving the dynamo by water power, I